Baker and Baker

Case [2016] FCCA 833


FEDERAL CIRCUIT COURT OF AUSTRALIA

BAKER & BAKER [2016] FCCA 833
Catchwords:
FAMILY LAW – Costs – costs stemming from the determination of property adjustment proceedings – where costs are sought on an indemnity basis.

Legislation:

Federal Circuit Court Rules 2001, rr.4.03, 21.05

Family Law Act 1975, ss.117, 117(2A)
Civil Dispute Resolution Act 2011
Uniform Civil Procedure Rules 2005 (NSW)
Family Law Rules 2004

Re JJT & Ors; Ex Parte Victoria Legal Aid [1998] FLC 92-812

I & I (No.2) (1995) FLC 92-625
Thompson & Berg [2014] FamCAFC 73
Davida & Davida (Costs) [2011] FamCAFC 61
Browne & Green (2002) FLC 93-115
Bryant v Hawkesbury Radio Communication Co-operative Society Limited [2014] NSWSC 848
Ken Tugrul v Tarrants Financial Consultants Pty Ltd (No.5) [2014] NSWSC 437
Setka v Abbott [2013] VSCA 345
Yara Australia P/L v Oswal [2013] VSCA 337
U & U [2002] FLC 93-112
Studer v Boettcher [2000] NSWCA 263

Prantage & Prantage [2013] FamCAFC 105

Marks v GIO Australia Holdings Ltd (1996) 137 ALR 579

Re Wilcox, Ex parte Venture Industries Pty Ltd [1996] 72 FCR 151

MGICA (1992) Ltd v Kenny & Good Pty Ltd (No 2) [1996] 70 FCR 236

McHattan v Saramoa Charters Pty Ltd (unreported, Federal Court, Full Court, 17 September 1996

Boyapati v Rockefeller Management Corporation (No 2) [2008] FCA 1375

Strahan & Strahan (Appeal Costs) [2009] FamCAFC 225

Michos v Council of the City of Botany Bay (No 3) [2012] NSWSC 1465

State of Victoria v Grawin Pty Ltd [2012] VSC 157

Pine Rivers, Caboolture and Redcliffe Group Training Scheme Inc (t/as East Coast Apprenticeships) v Group Training Assoc Qld and Northern Territory Inc [2013] QSC 87

Kenneally v Pouras & Ors [2007] SASC 303

Hayward v Forest Practices Tribunal (No 3) [2004] TASSC 14

Re Malley SM; Ex parte Gardner [2001] WASCA 83

Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 536

Applicant: MR BAKER
Respondent: MS BAKER
File Number: PAC 3859 of 2011
Judgment of: Judge Harman
Hearing date: 22 February 2016
Date of Last Submission: 22 February 2016
Delivered at: Parramatta
Delivered on: 22 February 2016

REPRESENTATION

Counsel for the Applicant: Mr Croker
Solicitors for the Applicant: Beilby Poulden Costello
Counsel for the Respondent: Mr Givney
Solicitors for the Respondent: Bond & Bond

ORDERS

  1. Dismiss the Application in a Case filed 21 October 2015 together with the Response to Application in a Case filed 14 January 2016.

  2. All outstanding Applications and Responses are withdrawn and dismissed and all issues are removed from the list of matters awaiting hearing.

IT IS NOTED that publication of this judgment under the pseudonym Baker & Baker is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 3859 of 2011

MR BAKER

Applicant

And

MS BAKER

Respondent

REASONS FOR JUDGMENT

Issues for Determination

  1. This determination arises from an Application in a Case filed by Mr Baker (the husband). The Application in a Case seeks an Order for the payment of his costs…

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Details
AGLC
Baker and Baker [2016] FCCA 833
Case
[2016] FCCA 833
Decision Date

CaseChat Overview and Summary

In *Baker and Baker*, heard by Judge Harman, the court was required to consider an Application in a Case filed on 21 October 2015 and a Response to Application filed on 14 January 2016. The precise nature of the dispute between the parties is not detailed, but the proceedings involved multiple outstanding applications and responses that were awaiting hearing.

The central legal issue before the court was the disposition of these numerous applications and responses, and by extension, the overall status of the matter listed for hearing. The court needed to determine whether these matters should proceed, be withdrawn, or be dismissed.

Judge Harman ordered the dismissal of the Application in a Case filed on 21 October 2015 and the Response to Application filed on 14 January 2016. Furthermore, all other outstanding applications and responses were formally withdrawn and dismissed, with all issues consequently removed from the list of matters awaiting hearing.

Orders

Orders of the court

1.

Dismiss the Application in a Case filed 21 October 2015 together with the Response to Application in a Case filed 14 January 2016.

2.

All outstanding Applications and Responses are withdrawn and dismissed and all issues are removed from the list of matters awaiting hearing.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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